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Per Curiam. — The act requires the defendant to offer a confession of judgment, not to tender the debt; and we should get away from every thing like certainty did we depart from the words. Besides, the justice had authority to receive the money only on the foot of a judgment; and that was not proposed to be given. The present point was left open in M'Dowell v. Glass, not because it was a doubtful one, but because it did not arise.
Judgment affirmed.
Document Info
Filed Date: 1/26/1839
Precedential Status: Precedential
Modified Date: 11/16/2024